On 30 March 2006, the Intellectual Property
Laws Amendment Bill 2006 was introduced into the House of Representatives of the Australian
copy of the bill — click here.
copy of the explanatory memorandum — click here.
copy of the Ministerial press release — click here.
For a copy of IP Australia’s press
release — click here..
Proposed amendments to the Patents Act
of the prior use defense to infringement;
compulsory licenses of patents as a remedy under the Trade Practices Act;
possibility of exemplary damages in patent infringement cases (this is
similar to the situation in the USA where treble damages may be
awarded for willful);
Adding a bolar
provision (a defense to infringement of pharmaceutical patents for activities
directed to obtaining regulatory approval);
Proposed amendments to the Trade Marks Act
Power for the
Trade Marks Commissioner to revoke trade marks in certain circumstances;
documents relating to Trade Mark applications publicly available;
Other amendments include:
of the effect of various aspects of the Plant Breeders Rights system in Australia.
technical changes to the Acts.